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Terry Black’s Barbeque, LLC v. State Automobile Mutual Insurance Co.

Court: WD Tx  01/21/2021  District Court Grants Insurer's Motion for Judgment on the Pleadings in COVID-19 Dispute

The District Court adopted the Magistrate Judge's recommendation to grant the insurer's motion judgment on the pleadings because no allegation existed of a "direct physical loss" for purposes of establishing business interruption coverage. The court also agreed that a "Restaurant Extension Endorsement" was not implicated based on the allegations. Notably, no virus exclusion existed in the policy.

commercial property insurance policy, COVID-19, business interruption, direct physical loss or damage, restaurant extension endorsement, motion for judgment on the pleadings

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